News

By Peter Borszcz / Land Titles /

Prior to purchasing (or selling) any particular piece of fee simple property in British Columbia, most Realtors will obtain a copy of a Land Title Search Some of the information includes:Name of the Registered Owner - is this the person that you (or your Realtor) is negotiating with Legal Notations - contains im...

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By Peter Borszcz / Buyers, Land Titles /

When buying a house, you must decide whose name will go on title Will you be the sole owner Should you be on title at all Will you and your spouse go on title together If so, will you be joint tenants or tenants in common What about your childrenWhat is the difference between Joint Tenancy and Tenancy in Common...

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By Peter Borszcz / Death of of Seller, Sellers /

Sometimes after a series of unfortunate events the Buyer, or more likely the Seller of a parcel land dies after signing a binding contract for the purchase, but prior to completion (and signing the transfer)At common law, where a contract was for “personal services”, the death of the party providing those service...

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By Peter Borszcz / Uncategorized /

In the last few years, there had been a landslide of litigation over pre-sale contract under the Real Estate Development and Marketing Act In a recently released Supreme Court of Canada case (Sharbern Holding Inc v Vancouver Airport Centre Ltd, 2011 SCC 23) , the Supreme Court critically defines what information is "ma...

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By Peter Borszcz / Buyers, Docks, Riparian Rights, Waterfront /

Who Owns the WaterAll water in BC is owned by the Crown and strictly regulated As property lines extend to, but do not include the foreshore, the upland owner has no rights to use or “possess” the water, only a right to access A license from the Provincial Crown is require to use/ possessWaterfront Boundaries C...

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By Peter Borszcz / Deposits, RESA /

A DEPOSIT is usually made from the BUYER in the BUYER’s AGENTS trust account and is held according to the stakeholder provisions of the Real Estate Services ActThis means that the DEPOSIT can generally ONLY be released prior to completion where:it is paid into COURT or in accordance with a COURT ORDER; or ...

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By Peter Borszcz / Year in Review /

December is a wonderful month, the snow is falling and the ski hill is open It provides a great time to look back and reflect on 2010 and look ahead to 2011 Some of the highlights for me this year have been:1) Great Referrals from Great Realtors – in the past year I am proud to say that we have doubled our market sha...

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By Peter Borszcz / Powers of Attorney, Sellers /

In Kelowna, it is common place that real estate closings occur with another party signing on behalf of the Seller and executing documents by a power of attorney A power of attorney is a document whereby one person (the DONOR) confers authority on another person (the ATTORNEY) to take certain actions on their behalf ...

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